Same sex marriage (SSM) in New Hampshire

The NH public supports SSM.
House & Senate pass SSM bill.

During the week of 2009-APR-20, the Senate Judiciary Committee voted 3 to 2
to send the bill to the whole Senate with a recommendation that it be voted
down.

Just before the vote in the full Senate, the University ofNew Hampshire
Survey Center released a statewide poll that found that:

55% of adult residents support SSM;

39% oppose SSM;

6% don't know or refused to answer. 1

Bill passes Senate:

The bill was headed for failure in the Senate when a last-minute amendment
was made to strengthen protections that granted immunity from prosecution to
religious groups and organizations who want to continue to discriminate
against same-sex couples.

The amendment was made to:

Guarantee that clergy who wish to discriminate against same-sex couples may refuse to perform same-sex marriage ceremonies
without risking legal action. and

Allowing opposite-sex couples to select the words "bride" and "groom" on
their marriage licenses instead of the generic "spouse."

This increased support for the bill somewhat. It was passed with a vote of 13 to 11
on 2009-APR-29. 2

The House and Senate bills were then harmonized and sent to
Governor John Lynch (D) for a signature or veto. If he vetoes the bill, it is very
unlikely that either the House or Senate could override the veto.

Brian Brown, executive director of the National Organization for Marriage,
a group opposing marriage by same-sex couples, said that they would intensively
lobby the governor to veto the bill. Brown, apparently unaware of the recent
public opinion poll, said:

"This vote is in no way representative of what folks in New Hampshire want.
... If the governor is going to stand by his words he will veto this bill."
3

Mo Baxley, executive director of the New Hampshire Freedom to Marry
Coalition, views the bill as a fair compromise. She said:

"It is in keeping with New Hampshire?s live-free-or-die tradition to stand
up for individual liberties and against discrimination of any kind. ...
I have to say, America is at a turning point." 3

In reality, 54% of the legislators supported SSM, while 59% of those members
of the public who have an opinion on SSM support it.

Following the Senate vote, Governor Lynch said:

"I recognize that the issue of same-sex marriage is intensely passionate
and personal, and raises strong emotions on all sides. I still believe the
fundamental issue is about providing the same rights and protections to
same-sex couples as are available to heterosexual couples. This was
accomplished through the passage of the civil unions law two years ago. To
achieve further real progress, the federal government would need to take
action to recognize New Hampshire civil unions." 1

The governor appears to reject the belief among many civil libertarians
and marriage equality supporters that civil unions are inherently inferior to
marriage. This appears to be a widespread belief; one only has to ask a few
opposite-sex married couples whether they would be willing to trade their
marriage certificate for a civil union certificate.

The federal "Defense of Marriage Act" (DOMA) withholds over 1,100 rights and
privileges from same-sex married couples that are automatically given to
opposite-sex married couples. Supporters of SSM hope that if a sufficient number
of states legalize SSM that the DOMA law can be repealed.

Revised bill passes house:

The House voted to agree with changes to the House Bill 436 that had been
made by the Senate. The vote was 178 to 167. The final version of the bill to
authorize SSM passed the legislature on MAY-07 and sent to Governor John Lynch
(D) who will either sign it into law, veto it, or do nothing and let it become
law without his signature.

On MAY-05, he said:

"I have a responsibility as governor to do what I think is best for the
people of New Hampshire. I will continue to talk with the Legislature and with
the people of New Hampshire about that bill. ... We have been flooded with
calls. People can't even get through. The phone lines are basically jammed. ...
I'm not going to be guided by the numbers of calls that come into the office.
That will not have an impact on my decision." 4

Cornerstone Policy Research Action (CPR-Action) has been airing TV ads
in an attempt to prevent marriage equality in the state. Spokesperson Kevin
Smith called on the governor to ignore the will of the legislature and
veto the bill in accordance with his past statements on limiting marriage to one
man and one woman.

House Minority leader Rep. Sherman Packard, (R-Londonderry) said:

"We have opposed this right along. We think it's leading New Hampshire down
the wrong path, and I don't think that this is what voters intended last year
when they voted for change."

"I don't see how any two people who love each other could see their family
affected by the passage of this bill ... People's hopes and dreams rely on us
doing the right thing and moving on." 4

Representative Peter Bolster (R-Alton) is concerned that religious
conservatives who provide wedding services to the public and want to
discriminate against same-sex couples would risk lawsuits under the new law. He
said:

"This does not protect the Christian conference center, the church with a
social hall, or its individual members who run limousine or photographic
services who may conscientiously object to participating in a same-sex
marriage.

"Representative David Pierce, (D-Hanover), who has a civil union partner,
said:

"This struggle is about what kind of country and what kind of state we
want. We can have a country that respects personal freedom and the ability of
an individual to pursue happiness, or a country where government dictates to
us how we live our lives."

If passed, the law would take effect on 2010-JAN-01.

References used:

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